Jones Day Talks

In AMG Capital Management v. FTC, the U.S. Supreme Court ruled the Federal Trade Commission Act does not allow the FTC to seek, from violators of the Act, "equitable monetary relief" in the form of restitution or disgorgement. Jones Day partner David Morrell talks about how the Court's decision could alter the FTC's consumer-protection enforcement actions moving forward, the Justice Department's newly prominent role in these matters, and what potentially affected parties should know.

Cybersecurity threats remain a constant concern for every business and organization, regardless of size, location, or industry. The stakes relating to possible litigation, financial repercussions, and reputational risk, are high. In this second episode of "A False Sense of Security", Jones Day Talks' series of programs focusing on legal issues that arise in connection with cybersecurity requirements and representations, Jeff Rabkin, Jamila Hall, and Grayson Yeargin discuss the special considerations confronting public sector contractors relative to cyber threats and data breaches. They talk about what can trigger a mandatory disclosure under a public sector contract, consequences and practical considerations regarding disclosures, and False Claims Act decisions concerning cybersecurity issues. The conversation concludes with a look at President Biden's May 2021 Executive Order on Improving the Nation's Cybersecurity.

SEC Chairman Gary Gensler has left little doubt that his commission will closely monitor activity in the cryptoasset markets and the actions of decentralized finance, or DeFi platforms, as investor interest continues to grow. In prepared remarks delivered at an early August event, the chairman said, "We just don’t have enough investor protection in crypto … we have taken and will continue to take our authorities as far as they go." Jones Day's Josh Sterling, Brian Rabbitt, and Mark Rasmussen talk about what the heightened scrutiny means for crypto market participants, and discuss what additional regulatory and enforcement actions could be coming.

The United States Supreme Court has delivered its decision in U.S. v. Arthrex, which determined whether appointments of administrative patent judges to the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) were constitutional. Jones Day's Matt Johnson and John Evans talk about the background of the Arthrex case, how the decision could affect the way the PTAB operates, and the implications for parties with matters pending.

The U.S. Supreme Court has ruled 9-0 in National Collegiate Athletic Association v. Alston that the NCAA violated antitrust law by prohibiting member colleges from providing athletes with certain educational benefits. Specifically, the case dealt with the NCAA's restrictions on providing athletes with non-cash, academic-related compensation, such as computers and internships. Jones Day's Chris Pace and Marc Weinroth discuss the Alston decision and its possible long-term implications for college sports.

Signed into law in July of 1946, the Lanham Act has, for 75 years, governed U.S. trademark, servicemark, and unfair competition matters. In this edition of the Jones Day Talks Women in IP series, Meredith Wilkes, Anna Raimer, and Carrie Kiedrowski discuss how trademark laws have changed and evolved since the Lanham Act’s implementation, and … Continue reading JONES DAY TALKS®: 75 Years of the Lanham Act and Changes in U.S. Trademark Law →

Efforts by government agencies, companies, and investors to limit the effects of climate change continue to influence activity in the financial markets. Interest in carbon markets, where emission credits are purchased and sold─and also where derivatives on those credits are traded─is growing rapidly, and that trend is expected to continue. Some estimates predict the cost … Continue reading JONES DAY TALKS®: Carbon Markets are Booming, and Regulators are Watching →

Jones Day’s series on private enforcement actions relating to antitrust matters in Europe turns to significant developments in Spain. Raimundo Ortega and Antonio Canales explain why antitrust actions in Spain have increased, discuss how damages are disputed and quantified, and review the key takeaways from the high-profile Truck Cartel and Paper Envelope Cartel matters.

The surging interest in cryptocurrency continues to raise new legal challenges for market participants and interested parties. This is largely uncharted territory, so there’s comparatively little case law. However, a recent federal court’s decision in United American v. Bitmain provided some insight as to how courts would apply antitrust laws to cryptocurrency. Jones Day partners Craig Waldman, … Continue reading JONES DAY TALKS®: Takeaways from a Landmark Cryptocurrency Antitrust Case →

The energy markets are highly regulated, and producers, transmitters, and consumers of energy all use the highly regulated derivatives markets to hedge their energy risks. How do the Commodity Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC) respond when there are price disruptions, like with Winter Storm Uri, or evidence of manipulation … Continue reading Jones Day Talks®: Energy Derivatives and Regulatory Enforcement by the CFTC and FERC →

As the infamous college admissions scandal unraveled, it became clear that aside from the illegal activities of the defendants – who included the principal of an admissions consulting firm, coaches and staff at certain universities, and the parents of college applicants – the case exposed potential problem areas for academic institutions related to their compliance … Continue reading Jones Day Talks®: Operation Varsity Blues and the Need for Internal Controls at Academic Institutions →

Cybersecurity risk is evolving and expanding. Traditionally, cybersecurity risk has been equated with cyber attacks and associated legal consequences. That risk is undoubtedly real: All internet connected systems remain vulnerable to increasingly sophisticated, persistent threat actors, including nation states and well-funded criminal organizations, who can circumvent even robust defenses to intrude into systems and expose … Continue reading JONES DAY TALKS®: Cyber Risks: A False Sense of Security – Episode 1 →

The European Central Bank’s decision to establish a Climate Change Center and invest in a green bond fund launched by the Bank for International Settlements reflects the growing importance of climate change, and ESG more broadly, in ECB policy. The ECB’s focus on climate change and sustainable finance will only grow as the EU’s Sustainable … Continue reading JONES DAY TALKS®: European Central Bank’s Climate Center and Investment Plans Focus on Sustainability →

In an effort to uncover and prosecute unlawful actions in the derivatives and futures markets, the U.S. Commodity Futures Trading Commission (“CFTC”) and U.S. Department of Justice (“DOJ”) have in recent years engaged in unprecedented levels of cooperation. Jones Day partners Josh Sterling and Brian Rabbitt discuss the DOJ / CFTC commodities fraud task force … Continue reading JONES DAY TALKS®: CFTC and DOJ Target Derivatives Trading Across Industries →

The U.S. Supreme Court has heard oral arguments in NCAA v. Alston, a case that will determine the limits the NCAA can place on types of compensation received by college student-athletes. Jones Day’s Chris Pace and Marc Weinroth discuss how the case found its way to the Supreme Court, the arguments that the NCAA and student-athletes made, and what this … Continue reading JONES DAY TALKS®: U.S. Supreme Court Hears Arguments in NCAA Antitrust Case →

The Commodity Futures Trading Commission, or CFTC, has broad regulatory powers to monitor the U.S. derivatives markets, which include futures, swaps, and some options. Jones Day partner Josh Sterling, the former Director of the CFTC's Market Participants Division, talks about how the Commission fits into the broader regulatory framework, how it monitors fintech innovations, its climate change priorities, and what market participants can expect from the Biden administration. Read the full transcript on the Jones Day website.

In this recap of a recent Jones Day client-focused webinar, partners Harriet Territt, Eva Monard, Sean Boyce, and Rick van 't Hullenaar review 2020's critical developments in U.S., EU and UK sanctions and export controls that directly impact EU, Middle Eastern and UK businesses operating in the global marketplace. These include: Expanded use of U.S. secondary sanctions and export controls; The emergence of global Magnitsky-style (human rights) sanctions regimes in the UK and EU; Increased pressure for more active enforcement of EU sanctions; The advent of an independent UK sanctions regime; and Growing divergence between U.S. and EU sanctions policies. The panel then focuses on 2021, noting the key transitions occurring in the U.S., where a new administration will examine the mark left by the previous administration on U.S. sanctions and export control policy, and in the EU and UK, where the Brexit transition period ended last year. These transitions will have far-reaching implications for global

Jones Day's series on private enforcement actions relating to antitrust matters in Europe continues with a focus on recent developments in France. Partners Eric Barbier de La Serre and Ozan Akyurek discuss how proceedings typically develop in private enforcement matters, access to evidence under French law, class actions, and why French courts are receptive to these actions. Read the full transcript on the Jones Day website.

Jones Day partners Rick Puente and Chris Pace talk about what affected parties need to know about the Helms-Burton cases moving through U.S. district and appellate courts. They also comment on the current state of U.S./Cuba relations, and discuss how the Biden administration might approach dealings with the Caribbean nation. Read the full transcript on the Jones Day website.

Partners Matt Johnson and Sarah Geers talk about former USPTO Director Andrei Iancu's impact on the PTAB, and what we might expect from a new director under the Biden Administration. They also comment on why patent litigation filings remained active during COVID-19, and explain the factors the PTAB considers when exercising its discretion to deny an inter partes review, including parallel district court litigation involving the legitimacy of the same patent. Read the full transcript on the Jones Day website.